Kenyan case law

Fredrick Odero v Governor Homabay County & 3 others [2020] KEELRC 1418 (KLR)

✦ The application is dismissed with costs in the cause.

Zedekiah Amakobe Were v Eldomatt Supermarket [2020] KEELRC 1921 (KLR)

✦ The court found the termination of employment was lawful and awarded the claimant compensation for one month's salary, rest days, leave dues, and public holidays worked.

Francis Kinyua Mwangi v Home Scope Properties Ltd [2020] KEELRC 1398 (KLR)

✦ The Court dismissed the claim as the Claimant failed to establish an employment relationship with the Respondent.

John Kahaguri Maina v Premier Tervan Hotel Limited & 2 others [2020] KEELRC 537 (KLR)

✦ The Claimant was not on probationary employment and the termination of his employment was unfair.

Transport Workers Union v Greatrift Expresss Shuttle [2020] KEELRC 817 (KLR)

✦ The court finds that the grievants went into an unlawful strike and voluntarily resigned from their employment, thus not dismissing them.

Halima Gababa Abdulahi v Lee Kinyanjui & another [2020] KEELRC 1113 (KLR)

✦ Application seeking stay of execution is without merit and dismissed with costs.

Gabriel Gicheru Muriuki v Batian Security Company Limited [2020] KEELRC 1808 (KLR)

✦ Claimant is entitled to one month's salary in lieu of notice, three months' salary as compensation, and costs capped at Kshs. 20,000.

Francis Mburia Njagi v East Africa Spectre Limited [2020] KEELRC 1312 (KLR)

✦ The claimant is awarded 8 months' pay and 12 days' salary for unpaid work, and a declaration that the dismissal was unfair.

Kasoloi Mutie v Bitter Guard Limited [2020] KEELRC 1305 (KLR)

✦ The Court finds the termination unfair and unlawful, and awards the claimant compensation for unfair termination, underpayment of wages, and other damages.

Universities Academic Staff Union v Jomo Kenyatta University of Agriculture and Technology & 6 others [2020] KEELRC 874 (KLR)

✦ The court found that the Respondents have a duty to deduct monthly subscriptions as union dues and agency fees from their members and remit the same to the Petitioner. The court ordered the Respondents to remit the union dues and agency fees to the Petitioner.

Geoffrey Nganga Tambara v Radio Frequency Systems Ltd & 2 others [2020] KEELRC 978 (KLR)

✦ The Court finds that the 2nd Respondent, as the majority shareholder and Chief Executive Officer, has the authority to instruct the firm of Midenga & Co. Advocates to act on behalf of the 1st Respondent.

Vipingo Properties Limited v Randolph Tindika & another [2020] KEELRC 1591 (KLR)

Francis Aboge Oduk v Hasbah Kenya Limited [2020] KEELRC 1741 (KLR)

✦ The court found that the Claimant was not on probation at the time of termination and that the termination was lawful.

Titus Wanyonyi Waswa & another v K.K. Group of Companies [2020] KEELRC 1578 (KLR)

✦ The suit is time barred by dint of section 90 of the Employment Act and the court lacks jurisdiction to entertain it.

Transport Workers Union v Tomic Enterprises Limited [2020] KEELRC 1490 (KLR)

✦ The court finds that the grievants were employed by the respondent and are entitled to the payment as prayed for.

Transport Workers Union v Spedag Interfreight Kenya Ltd [2020] KEELRC 697 (KLR)

✦ The court found that the Respondent had not complied with the statutory provisions by issuing notices of redundancy to its affected employees without copying them to the Claimant Union and the Area Labour Office.

Geoffrey Agwera Ndubi v John Obiero Nyagarama & 6 others;Bladys Bogonko Momanyi & 4 others (Interested Parties) [2020] KEELRC 374 (KLR)

✦ The court has jurisdiction to hear and determine the petition and the petitioner is entitled to the reliefs sought

Stephen Kaburia Rutere v Kenyatta National Hospital Board & another [2020] KEELRC 1307 (KLR)

✦ The claimant is entitled to an order that the decision to interdict him was unlawful, an order lifting the interdiction, and payment of financial losses.

Ruth Muthoni Mwangi v Kenya Meat Commission [2020] KEELRC 8 (KLR)

✦ Application dated 19th October, 2020 is found in abuse of court process and is hereby dismissed.

Vincent Marita Omao v The Chief Executive Officer National Government Affirmative Action Fund & 2 others [2020] KEELRC 831 (KLR)

✦ The application is dismissed with costs

Geoffrey Agwera Ndubi v John Obiero Nyangarama & 6 others; Gladys Bogonko Momanyi & 3 others (Interested Parties) [2020] KEELRC 851 (KLR)

✦ The court grants conservatory orders restraining the 1st and 3rd respondents from interfering with the tenure of the interested parties or replacing them with other members.

Francis Chamwor P.S. O Muken & 2 others v Speaker Trans-Nzoia County Assembly & 3 others [2020] KEELRC 1922 (KLR)

✦ The appointment of 5th to 48th respondents on July 1, 2016, as employees of the 2nd respondent on permanent and pensionable terms to the exclusion of the six employees was discriminatory and amounted to unfair labour practice.

Francis Valasa Ngala v Mackenzie Maritime (EA) Limited [2020] KEELRC 624 (KLR)

✦ The Court finds that the Claimant has made out a case of unlawful termination of employment and is entitled to compensation.

George Ng’ang’a Njihia v East African Botanicals EPZ (Advanced Bio-Extract) Ltd [2020] KEELRC 1609 (KLR)

✦ The claims are barred by the statute of limitations as the Claimant did not file the lawsuit within 3 years of the alleged wrongful acts.

Union of National Research Institutes Staff of Kenya v Kenya Agricultural And Livestock Research Organization [2020] KEELRC 349 (KLR)

✦ The court held that the Claimant Union has locus standi to bring the suit and is entitled to the reliefs sought.